The Executive Council exists to "advise" the Chief Executive in policy-making and the administration of the government. The Chief Executive acting after consultation with the Executive Council is known as the Chief Executive in Council.[2] The Chief Executive in Council introduces bills to the Legislative Council and issue instruments known as Orders in Council, which amongst other things are used to make delegated legislation, and regulate certain public institutions. The Chief Executive in Council also hears appeals and objections under certain Ordinances.[3]

The format of the Executive Council was retained after the transfer of sovereignty in 1997 until a ministerial system (named Principal Officials Accountability System or POAS) was introduced in 2002, Tung Chee Hwa's second term of office. Since then all secretaries are political appointees and have to leave the civil service. All secretaries are appointed to the council, transforming the council effectively into a cabinet. Non-official members are minorities in the council, and are like ministers-without-portfolio. The position of convenor was abolished.

In fulfilling his election platform, Chief Executive Sir Donald Tsang appointed eight new non-official members the day after delivering his first policy address on 12 October 2005. Secretaries of bureaux would sit in meetings of the Council when the agenda was related to their portfolio, and the position of convenor was restored. It was presented as a move to re-strengthen the role of the Council as a link with the community.

The members of Executive Council are appointed by the Chief Executive from among principal officials (heads of department, informally called "ministers"), members of Legislative Council, and public figures. Their appointment and removal is decided by the Chief Executive. There is no fixed term of office, but the term of office of members cannot extend beyond the expiry of that of the Chief Executive who appoints them (Article 55 of the Basic Law).

The Council is presided over by the Chief Executive. In addition to the 16 principal officials there are 14 Unofficial members. Other than the Chief Secretary, Financial Secretary and Secretary for Justice, official members only sit in meetings that are related to their portfolio.